Even though state court sentence provides for concurrent service of federal and state sentences, state court’s decision cannot alter federal sentence

HABEAS/SENTENCING United States v. Eccleston, No. 07-2123, ___ F.3d ___ (10th Cir. Mar. 31, 2008)(New Mexico). Appeal of district court’s denial of prisoner’s habeas application seeking to have state and federal sentences run concurrently and in federal custody HELD: Prisoner’s habeas application seeking to have state and federal sentences run concurrently lacks merit because nothing in federal sentence suggests it is to be served before or concurrently with any state sentence. Although prisoner’s state sentence provides for concurrent service of federal and state sentences, state court’s decision cannot alter federal court sentence. Determination of whether prisoner’s federal sentence would run consecutively to his state sentence is federal matter which cannot be overridden by state court provision for concurrent sentencing on a later-obtained state conviction. Read the opinion here.